The National Labor Relations Board's deputy prosecutor on Friday detailed how the agency's rewrite of its joint employer standard is intertwined with other issues related to who is considered an employee under federal labor law, saying the board is responding to the "real world" effects of complex business structures.
The aftereffects of the National Labor Relations Board's landmark decision to upend its process for union representation elections are still being felt months later, with attorneys for unions and employers debating how to proceed with the decision in mind Thursday at an American Bar Association conference.
National Labor Relations Board members on Tuesday elaborated on the board's recent decision finding a Home Depot worker's Black Lives Matter protest was protected under federal labor law, and laid out some initial signs of how some of their other significant decisions have affected parties and the agency.
The D.C. Circuit found Friday that a rehabilitation facility was within its rights under federal labor law to distribute flyers during a union drive, departing from the National Labor Relations Board's conclusion that the handouts were part of an illegal surveillance violation.
Dartmouth College urged the National Labor Relations Board to hold off on a scheduled union vote among its men's basketball players, saying an agency official grossly misapplied federal law and ignored precedent in allowing the election to proceed.
In the coming week, attorneys should watch for oral arguments at the California Supreme Court in a case dealing with the standard for penalties for "knowing and intentional" wage statement violations. Here's a look at that case and other labor and employment matters coming up in California.
The National Labor Relations Board correctly found that an automotive parts manufacturer stalled and improperly withdrew recognition from a United Auto Workers local after union certification, the D.C. Circuit ruled Friday, denying the company's request to challenge the ruling and granting the board's bid to enforce it.
Starbucks violated federal labor law by disciplining a pro-union worker at an Alabama store for a comment that was a "joke amongst [LGBTQ] friends," a National Labor Relations Board judge determined, ordering the coffee chain to reinstate the employee who was later fired.
Gordon Rees Scully Mansukhani LLP, now known as GRSM50, is bolstering its employment team, bringing in a trial attorney, with his own firm, adept at class actions as a partner in its San Diego office.
The U.S. Chamber of Commerce and other employer groups urged the U.S. Supreme Court to reverse a Sixth Circuit decision over the rehire of seven fired Starbucks workers in Memphis, Tennessee, telling the nine justices to do away with a "watered-down" injunction test.
Starbucks' dress code is not illegal on its face to the extent that it bars workers from wearing union T-shirts, but the company violated federal labor law by more strictly enforcing its piercing limits after workers at a Tallahassee, Florida, store struck, a National Labor Relations Board judge said Thursday.
Former Philadelphia union leader John "Johnny Doc" Dougherty on Thursday successfully petitioned to delay his upcoming extortion trial to give his defense attorneys more time to prepare on the heels of his embezzlement conviction last year.
Bankrupt Yellow Freight Corp. has secured an extra 90 days to hold onto the wheel of its Chapter 11 case in Delaware, after citing both the complexity of its case and the "tremendous" progress in selling off its assets.
Starbucks violated federal labor law by firing a union backer for clocking out after an emotional exchange with her boss but not by writing another supporter up over his testy attitude toward a visiting manager, a National Labor Relations Board judge said.
The National Labor Relations Board surpassed its powers when ordering a concrete company to make pension contributions and profit-sharing payments to workers without factoring in past compensation, the Tenth Circuit ruled, sending the case back to the board for a second look but finding the company violated federal labor law.
K&L Gates LLP announced Thursday that it has bolstered its labor, employment and workplace safety group with a partner in Dallas who made the leap from Bell Nunnally & Martin LLP.
The government of Mexico on Wednesday called on a multinational panel to toss the United States' claims that the collective bargaining rights of workers at a mine in Zacatecas continue to be violated six years after a workers' strike ended.
National Labor Relations Board general counsel Jennifer Abruzzo's office is preparing to ask the board to expand the remedies it will order against employers that were found to have maintained unlawful work rules, the board's top prosecutor said Wednesday.
National Labor Relations Board prosecutors bolstered a complaint Wednesday accusing Walmart of violating federal labor law by suppressing complaints about its COVID-19 safety rules, claiming the company sent a worker at a South Carolina store home for photographing a maskless manager, the agency announced.
Four retirees of a supermarket chain serving California and Nevada added two claims to their proposed Employee Retirement Income Security Act class action against their former employer, telling a California federal judge that Save Mart Supermarkets failed to properly terminate a health care plan for nonunion employees.
A regional director must reconsider the dismissal of a Medieval Knights worker's bid to oust a union, the National Labor Relations Board determined Wednesday, saying the agency official should review the case through the lens of a 40-year-old board precedent.
Alaska Airlines is urging a Washington federal judge to toss two Christian flight attendants' claims that they were pushed out of work due to bias against their religious beliefs by the company and their union, saying they were actually fired because they expressed their beliefs in a discriminatory manner.
A shipping company unlawfully refused and delayed giving a union requested information, the National Labor Relations Board said, finding the board has jurisdiction over an unfair labor practice spat involving a "mixed" unit of employees and supervisors after the D.C. Circuit remanded the case.
The National Labor Relations Board agreed with its Brooklyn office director that a union decertification petition filed by an employee of a New York City company must be dismissed as untimely, but one board member said he would be willing to review the untimeliness standard in similar future cases.
Starbucks and Workers United announced Tuesday that they have agreed to move the needle on talks for a "foundational framework" related to collective bargaining and resolving litigation, saying both sides discussed a "constructive path forward" amid mediation related to a federal trademarks case.
Higher consumer prices and reduced choice are no longer the only reasons the Federal Trade Commission will challenge mergers after the agency contested Kroger's planned $24.6 billion purchase of Albertsons based in part, for the first time ever, on allegations the deal will reduce competition for employees.
A Hogan Lovells attorney for Mexico's San Martín Mine told Law360 that his team has been shut out of proceedings in the first-ever labor-focused panel dispute under the United States-Mexico-Canada Agreement, centered on alleged collective bargaining violations.
Starbucks urged a Pennsylvania federal court to toss claims that it defamed a union by framing it as favoring violence and terrorism, arguing that the challenged statements were expressions of opinion that could not be disproved and thus could not be defamatory.
Tracey Diamond and Evan Gibbs at Troutman Pepper discuss how themes in Steven Spielberg's Science Fiction masterpiece "Minority Report" — including prediction, prevention and the fallibility of systems — can have real-life implications in workplace investigations.
Attorneys at Perkins Coie analyze the NCAA's long history of antitrust litigation to predict how state attorney general claims against NCAA recruiting rules surrounding name, image and likeness discussions will stand up in Tennessee federal court.
SAG-AFTRA's recently ratified contract with the Alliance of Motion Picture and Television Producers introduced a framework to safeguard performers' intellectual property rights and set the stage for future discussions on how those rights interact with artificial intelligence — which should put entertainment businesses on alert for compliance, says Evynne Grover at QBE.
A groundbreaking decision from a National Labor Relations Board official on Feb. 5 — finding that Dartmouth men's basketball players are employees who can unionize — marks the latest development in the board’s push to bring student-athletes within the ambit of federal labor law, and could stimulate unionization efforts in other athletic programs, say Jennifer Cluverius and Patrick Wilson at Maynard Nexsen.
William Baker at Wigdor examines the U.S. Supreme Court's recent decision to hear Starbucks v. McKinney — where it will consider a long-standing circuit split over the standard for evaluating National Labor Relations Board injunction bids — and explains why the justices’ eventual decision, either way, is unlikely to be a significant blow to labor.
A National Labor Relations Board judge’s recent decision that a Virginia drywall contractor unlawfully transferred and fired workers who made union pay complaints illustrates valuable lessons about how employers should respond to protected labor activity and federal labor investigations, says Kenneth Jenero at Holland & Knight.
As workers increasingly speak out on controversies like the 2024 elections and the Israel-Hamas war, companies should implement practical workplace expression policies and plans to protect their brands and mitigate the risk of violating federal and state anti-discrimination and free speech laws, say attorneys at McDermott.
Following recent oral argument at the U.S. Supreme Court, at least four justices appear to be in favor of overturning the long-standing Chevron deference, and three justices seem ready to uphold it, which means the ultimate decision may rest on Chief Justice John Roberts' vote, say Wayne D'Angelo and Zachary Lee at Kelley Drye.
Though the outlook for the construction industry is mixed, it is clear that 2024 will bring evolving changes aimed at building projects more safely and efficiently under difficult circumstances, and stakeholders would be wise to prepare for the challenges and opportunities these trends will bring, say Josephine Bahn and Jeffery Mullen at Cozen O'Connor.
Given the widespread use of mediation in employment cases, attorneys should take steps to craft mediation statements that efficiently assist the mediator by focusing on key issues, strengths and weaknesses of a claim, which can flag key disputes and barriers to a settlement, says Darren Rumack at Klein & Cardali.
Companies must prepare for Congress to build on its 2023 oversight priorities this year, continuing its vigorous inquiries into Chinese company-related investments, workplace safety and labor relations issues, and generative artificial intelligence, say attorneys at Morgan Lewis.
Troutman Pepper’s Tracey Diamond, Evan Gibbs, Constance Brewster and Jim Earle compare scenarios from “The Office” to the complex world of noncompetes and associated tax issues, as employers are becoming increasingly hesitant to look to noncompete provisions amid a potential federal ban.
As the National Labor Relations Board continues pushing an aggressive pro-union agenda and a slate of strict workplace rules, nonunion employers should study significant labor law changes from 2023 to understand why National Labor Relations Act compliance will be so crucial to protecting themselves in the new year, say attorneys at Hunton.